Gerlach v. Commissioner
United States Tax Court
Pursuant to a divorce decree which incorporated a property settlement based on an oral agreement summarized in court, petitioner received certain specific properties, $ 100 per week alimony, and $ 125,000 payable in annual installments over 12 1/2 years, and her husband received other properties including stock which petitioner and her husband owned jointly. The major negotiations as to property settlement between the parties had centered on the disposition of this stock.
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Pursuant to a divorce decree which incorporated a property settlement based on an oral agreement summarized in court, petitioner received certain specific properties, $ 100 per week alimony, and $ 125,000 payable in annual installments over 12 1/2 years, and her husband received other properties including stock which petitioner and her husband owned jointly. The major negotiations as to property settlement between the parties had centered on the disposition of this stock. Held, under the fact, here shown the $ 125,000 was not paid in settlement of petitioner's marital rights in property owned…
1Opinion of the Court
Edith M. Gerlach, Petitioner v. Commissioner of Internal Revenue, Respondent
Gerlach v. Commissioner
Docket No. 4876-68
United States Tax Court
55 T.C. 156; 1970 U.S. Tax Ct. LEXIS 41;
October 28, 1970, Filed
Decision will be entered that there is no deficiency due from or overpayment due to petitioner.
Pursuant to a divorce decree which incorporated a property settlement based on an oral agreement summarized in court, petitioner received certain specific properties, $ 100 per week alimony, and $ 125,000 payable in annual installments over 12 1/2 years, and her husband received other properties…
2Cases cited14 opinions
- United States v. DavisSupreme Court of the United States · 1962
- Commissioner v. DanielsonCourt of Appeals for the Third Circuit · 1967
- Danielson v. CommissionerUnited States Tax Court · 1965
- Schmitz v. CommissionerUnited States Tax Court · 1968
- Thompson v. CommissionerUnited States Tax Court · 1968
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